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The Social Security (Northern Ireland) Order 1998

Status:

This is the original version (as it was originally made).

37.  After Schedule 4B there shall be inserted the following Schedule—

SCHEDULE 4CDECISIONS AND APPEALS: DEPARTURE DIRECTIONS AND REDUCED BENEFIT DIRECTIONS

Revision of decisions

1.  Article 18 shall apply in relation to—

(a)any decision of the Department with respect to a departure direction, a reduced benefit direction or a person’s liability under Article 40;

(b)any decision of the Department under Article 19 as extended by paragraph 2; and

(c)any decision of an appeal tribunal on a referral under Article 28D(1)(b),

as it applies in relation to any decision of the Department under Article 13, 14 or 19.

Decisions superseding earlier decisions

2.(1) Article 19 shall apply in relation to—

(a)any decision of the Department with respect to a departure direction, a reduced benefit direction or a person’s liability under Article 40;

(b)any decision of the Department under Article 19 as extended by this sub-paragraph; and

(c)any decision of an appeal tribunal on a referral under Article 28D(1)(b),

whether as originally made or as revised under Article 18 as extended by paragraph 1, as it applies in relation to any decision of the Department under Article 13, 14 or 19, whether as originally made or as revised under Article 18.

(2) Article 19 shall apply in relation to any decision of an appeal tribunal under Article 22 as extended by paragraph 3 as it applies in relation to any decision of an appeal tribunal under Article 22.

Appeals to appeal tribunals

3.(1) Subject to sub-paragraphs (2) and (3), Article 22 shall apply—

(a)in relation to a qualifying person who is aggrieved by any decision of the Department with respect to a departure direction; and

(b)in relation to any person who is aggrieved by a decision of the Department—

(i)with respect to a reduced benefit direction; or

(ii)with respect to a person’s liability under Article 40,

as it applies in relation to a person whose application for a maintenance assessment is refused or to such a person as is mentioned in paragraph (2) of Article 22.

(2) On an appeal under Article 22 as extended by sub-paragraph (1)(a), the appeal tribunal shall—

(a)consider the matter—

(i)as if it were exercising the powers of the Department in relation to the application in question; and

(ii)as if it were subject to the duties imposed on the Department in relation to that application;

(b)have regard to any representations made to it by the Department; and

(c)confirm the decision or replace it with such decision as the tribunal considers appropriate.

(3) No appeal shall lie under Article 22 as extended by sub-paragraph (1)(b)(i) unless the amount of the person’s benefit is reduced in accordance with the reduced benefit direction; and the time within which such an appeal may be brought shall run from the date of the notification of the reduction.

(4) In sub-paragraph (1) “qualifying person” means the person with care, or absent parent, with respect to whom the current assessment was made.

Decisions and appeals dependent on other cases

4.(1) Article 28ZA shall also apply where—

(a)a decision falls to be made—

(i)with respect to a departure direction, a reduced benefit direction or a person’s liability under Article 40, by the Department; or

(ii)with respect to a departure direction, by an appeal tribunal on a referral under Article 28D(1)(b); and

(b)an appeal is pending against a decision given with respect to a different direction by a Child Support Commissioner or a court.

(2) Article 28ZA as it applies by virtue of sub-paragraph (1) shall have effect as if the reference in paragraph (3) to Article 18 were a reference to that Article as extended by paragraph 1.

(3) Article 28ZA as it applies by virtue of sub-paragraph (1)(a)(ii) shall have effect as if—

(a)in paragraph (2), for the words “the Department”, in each place where they occur, there were substituted the words “the appeal tribunal”; and

(b)in paragraph (3)—

(i)for the words “the Department” there were substituted the words “the appeal tribunal”;

(ii)for the word “it” there were substituted the words “the Department”; and

(iii)for the word “its” there were substituted the words “the tribunal's”.

5.(1) Article 28ZB shall also apply where—

(a)an appeal is made to an appeal tribunal under Article 22 as extended by paragraph 3; and

(b)an appeal is pending against a decision given in a different case by a Child Support Commissioner or a court.

(2) Article 28ZB as it applies by virtue of sub-paragraph (1) shall have effect as if any reference to Article 18 or Article 19 were a reference to that Article as extended by paragraph 1 or, as the case may be, paragraph 2.

Cases of error

6.(1) Subject to sub-paragraph (2), Article 28ZC shall also apply where—

(a)the effect of the determination, whenever made, of an appeal to a Child Support Commissioner or the court (“the relevant determination”) is that the adjudicating authority’s decision out of which the appeal arose was erroneous in point of law; and

(b)after the date of the relevant determination a decision falls to be made by the Department in accordance with that determination (or would, apart from this paragraph, fall to be so made)—

(i)in relation to an application for a departure direction (made after the commencement date);

(ii)as to whether to revise, under Article 18 as extended by paragraph 1, a decision (made after the commencement date) in relation to a departure direction, a reduced benefit direction or a person’s liability under Article 40; or

(iii)on an application made under Article 19 as extended by paragraph 2 before the date of the relevant determination (but after the commencement date) for a decision in relation to a departure direction, a reduced benefit direction or a person’s liability under Article 40 to be superseded.

(2) Article 28ZC shall not apply where the decision of the Department mentioned in sub-paragraph (1)(b)—

(a)is one which, but for Article 28ZA(2)(a) as it applies by virtue of paragraph 4(1), would have been made before the date of the relevant determination; or

(b)is one made in pursuance of Article 28ZB(3) or (5) as it applies by virtue of paragraph 5(1).

(3) Article 28ZC as it applies by virtue of sub-paragraph (1) shall have effect as if in paragraph (4), in the definition of “adjudicating authority”, at the end there were added the words “or, in the case of a decision made on a referral under Article 28D(1)(b), an appeal tribunal”.

(4) In this paragraph “adjudicating authority”, “the commencement date” and “the court” have the same meanings as in Article 28ZC..

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